Winkle v. Foster

269 P.3d 898, 127 Nev. 488, 127 Nev. Adv. Rep. 42, 2011 Nev. LEXIS 44
CourtNevada Supreme Court
DecidedJuly 14, 2011
DocketNo. 56828
StatusPublished
Cited by9 cases

This text of 269 P.3d 898 (Winkle v. Foster) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Winkle v. Foster, 269 P.3d 898, 127 Nev. 488, 127 Nev. Adv. Rep. 42, 2011 Nev. LEXIS 44 (Neb. 2011).

Opinion

OPINION1

By the Court,

Saitta, J.:

Petitioner Jessica Lynn Winkle seeks a writ of mandamus directing respondents Sheryl Foster, Warden of the Jean Conservation [490]*490Camp, and Howard Skolnik, Director of the Nevada Department of Corrections, to release her to the “305 Program”2 for alcohol treatment and residential confinement pursuant to NRS 209.425 through NRS 209.429.

In 2009, Winkle pleaded guilty to causing the death of another by driving under the influence of alcohol, in violation of NRS 484.3795 (currently codified as NRS 484C.430). Winkle was sentenced to two to five years in state prison; however, before the expiration of her minimum term, Winkle was released to the 305 Program for alcohol treatment and residential confinement. Several months later, the local paper ran a series of articles reporting that law enforcement and the courts were failing to enforce the DUI laws — in particular, by improperly releasing several felony DUI offenders to residential confinement before completion of their minimum two-year sentences. In response to the articles, Skolnik determined that 8 of the 40 offenders mentioned, including Winkle, were still in residential confinement and had not served the minimum two-year term. As a result, Skolnik directed that Winkle be rearrested and returned to incarceration. Winkle’s mandamus petition followed.

In her petition, Winkle seeks a writ of mandamus directing respondents to release her to the 305 Program. We are persuaded that writ relief is warranted for two reasons. First, we conclude that the express language of NRS 209.427 and NRS 209.429 mandates release of qualified offenders to the program for alcohol treatment and residential confinement. Second, we conclude that, unlike in State v. District Court (Jackson), 121 Nev. 413, 116 P.3d 834 (2005), the express language of NRS 209.429(4)(a) deems an assignment to the program as “imprisonment” for purposes of NRS 484C.430 and “not a release on parole.” We therefore grant the petition for a writ of mandamus. As the parties are familiar with the facts, we do not recount them further except as necessary to our disposition.

DISCUSSION

Propriety of writ relief

A writ of mandamus is an extraordinary remedy, and therefore, the decision to entertain the petition lies within our discretion. Cheung v. Dist. Ct., 121 Nev. 867, 869, 124 P.3d 550, 552 [491]*491(2005). Such a writ is available only “to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust or station.” NRS 34.160. A writ of mandamus will not issue if petitioner has “a plain, speedy and adequate remedy in the ordinary course of law.” NRS 34.170. The petitioner bears “the burden of demonstrating that extraordinary [writ] relief is warranted.” Pan v. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Winkle seeks a writ of mandamus directing respondents to release her to the 305 Program for alcohol treatment and residential confinement. She petitions for such relief based on certain duties arising under NRS 209.425 through NRS 209.429. She therefore seeks to compel the performance of an act that the law requires as a duty resulting from an office, something for which a writ may be issued. See NRS 34.160. Neither Skolnik’s decision to return Winkle to incarceration nor his refusal to release her again to residential confinement for purpose of the 305 Program is appealable; as such, Winkle does not have a plain, speedy, and adequate remedy in the ordinary course of law. See NRAP 3A(b); Pan, 120 Nev. at 223, 88 P.3d at 841 (“[A]n appeal is generally an adequate legal remedy that precludes writ relief”). As a result, Winkle’s writ petition warrants our consideration.

Winkle must be released to the 305 Program for alcohol treatment and residential confinement

Winkle argues that Skolnik is under a duty as a matter of law, pursuant to NRS 209.425 through NRS 209.429, to release her to the 305 Program for alcohol treatment and residential confinement. She asserts that the statutes provide for a mandatory release to the program. We agree.

Statutory interpretation is a question of law subject to de novo review. Butler v. State, 120 Nev. 879, 892, 102 P.3d 71, 81 (2004). When interpreting a statute, we look to its language, State v. Catanio, 120 Nev. 1030, 1033, 102 P.3d 588, 590 (2004), giving effect to its terms, and avoid an interpretation that renders its language meaningless or superfluous. Butler, 120 Nev. at 892-93, 102 P.3d at 81. If the statute’s language is clear and unambiguous, the statute is enforced as written. Sheriff v. Witzenburg, 122 Nev. 1056, 1061, 145 P.3d 1002, 1005 (2006). Only when the statute is ambiguous, meaning that it is subject to more than one reasonable interpretation, do we “look beyond the language [of the statute] to consider its meaning in light of its spirit, subject matter, and public policy.” Butler, 120 Nev. at 893, 102 P.3d at 81.

[492]*492The criminal penalty for conviction of DUI causing death or substantial bodily harm is a minimum term of “imprisonment in the state prison” for two years. NRS 484C.430(1).

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Cite This Page — Counsel Stack

Bluebook (online)
269 P.3d 898, 127 Nev. 488, 127 Nev. Adv. Rep. 42, 2011 Nev. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winkle-v-foster-nev-2011.